When you tell someone you’ve been in a car accident, aside from the question “Are you OK?”, the next question is usually “Who was at fault?” The answer to that question of fault matters because fault determines who pays for your medical bills, lost wages, and other damages.
In legal terms, this question of fault in a civil law evaluation is changed to “Who was negligent?” The question of negligence in causing a car accident examines whether a driver failed to exercise reasonable care while driving. If the driver was unable to use reasonable care, such as failing to maintain their lane and moving across the centerline, hitting another vehicle head-on, then that driver was negligent. Understanding how negligence is defined under Georgia law can help you protect your rights and prevent you from being taken advantage of by the other driver’s insurance company.
What Counts as Legal Negligence in a Georgia Car Accident
Negligence is a legal term that describes an individual’s careless or reckless behavior. In Georgia, four things must be shown to prove negligence:
- Duty: The driver was required to follow a specific duty. For example, a driver must not follow too closely and follow the rules of the road.
- Breach: A driver breached that duty. For our example, the driver ran into the back of a car that was stopped ahead of them.
- Causation: That careless action of following too closely directly caused the rear-end accident.
- Damages: The crash resulted in injuries or losses, including medical bills, lost wages, or pain and suffering.
Every driver in Georgia owes this “duty of care” to others on the road. If that duty is ignored or breached, accidents occur and harm is caused.
Our Georgia car accident attorneys frequently see cases where even one poor decision behind the wheel can alter a life forever.
Common Examples of Driver Negligence in Georgia
Negligence takes many forms. Some of the most common causes of accidents we see include:
- Texting or using a phone while driving (NHTSA – Distracted Driving)
- Speeding or going too fast for the road and weather conditions
- Tailgating or following too closely
- Running stop signs or red lights
- Driving under the influence of alcohol or drugs
- Failure to yield when turning left or when entering the roadway
Sadly, these mistakes often lead to serious injuries. We see them not only in car crashes but also in truck accidents and motorcycle accidents, which can be even more devastating.
For more information on crash risks and prevention, the Georgia Governor’s Office of Highway Safety offers resources and statistics.
Proving Negligence in a Georgia Car Crash Case
If you’ve been hurt in a crash, it’s not enough to know the other driver was careless; you have to prove it to recover money for your harms and losses. That means showing evidence such as:
- Police reports and any traffic tickets
- Photos or videos from the scene
- Data from the cars involved or traffic cameras
- Phone records if a distraction was suspected
- Witness statements
- Medical records linking your injuries to the accident
- Expert testimony, like accident reconstruction specialists
Practical Tip: Visit a doctor immediately, save every medical bill, and take photos of your car before repairs. These steps make a big difference later. An attorney can also step in quickly to preserve critical evidence.
A Word of Caution: Insurance adjusters may call you soon after the crash. Be very cautious when considering giving statements to them before consulting a lawyer. What you say is recorded, and if they can get you confused and your answers get turned around on you, it can hurt your ability to prove who was at fault. Their tricky questions and desire to confuse you are designed to reduce what they may have to pay you for your damages. Consulting with an experienced lawyer first can literally save you thousands of dollars.
Georgia Comparative Negligence – The 50 Percent Bar Rule
Georgia law recognizes a legal principle known as modified comparative negligence. Here’s what that means:
- If you are 50 percent or more at fault, you can’t recover any money at all.
- If you are less than 50 percent at fault, you can still recover damages, but your share of the fault reduces your recovery.
Example: If your damages are worth $100,000 but you’re found 20 percent at fault, you can recover 80% of your damages or $80,000. If your damages are worth $100,000, but you’re found 51 percent at fault, you recover nothing.
This rule is part of Georgia Code § 51-12-33, which governs comparative negligence in civil cases.
How Negligence Affects the Compensation You Can Receive
Compensation after a crash can cover many things, such as:
- Medical bills now and in the future
- Lost wages or reduced ability to work
- Pain, suffering, and loss of enjoyment of life
- Car repairs and other property damage
Every case is different. Factors such as the severity of your injuries, whether you followed medical treatment, and the degree of fault can all impact your settlement or verdict.
Our attorneys at Dan Chapman & Associates have helped clients across Georgia recover the compensation they need to rebuild their lives.
Frequently Asked Questions
What is negligence in a Georgia car accident case?
It means a driver failed to act with reasonable care and caused a crash that resulted in injuries or damages.
What if both drivers share fault in Georgia?
You can still recover money if you’re less than 50 percent at fault. Still, under comparative negligence, your actions will be compared to the other driver’s actions, and any fault on your part will reduce your recovery.
How long do I have to file a claim in the state of Georgia?
In most cases, you have two years from the date of the accident to file a claim.
What evidence best proves negligence?
Strong evidence includes police reports, photos, videos, medical records, and witness testimony.
Do I need a lawyer?
You’re not required to have one, but an experienced lawyer knows what to do and how to keep the insurance company from taking advantage of you so that your can recover can handle the t for the full value of your claim.
Does a traffic ticket prove negligence?
Not automatically. It’s evidence in some cases, but negligence must still be proven.
Can pedestrians or bicyclists be negligent?
Yes. Anyone on the road can share fault if they fail to follow safety rules.
Key Takeaways
- Negligence is the legal basis for deciding fault in Georgia car crashes.
- You must show duty, breach, causation, and damages.
- Georgia’s 50 percent rule means you can’t recover if you’re equally or more at fault.
- Your percentage of fault reduces the amount you recover.
- Acting quickly and gathering strong evidence helps maximize compensation.
Next Steps
If you’ve been injured in a Georgia car accident, you don’t have to go through this alone. Dan Chapman & Associates is here to help. We offer free consultations, and you pay nothing unless we successfully represent you in your case. Reach out today so we can help you get the recovery you deserve.
About Dan Chapman & Associates
Dan Chapman & Associates is a Georgia personal injury law firm dedicated to representing people, not insurance companies. With over 100 years of combined legal experience, our attorneys have helped thousands of clients recover compensation for medical expenses, lost wages, and pain and suffering.
We are proud to stand up for injured Georgians across Athens and the state.
